Enforcing LBL repossession in scotland

[motorwoden]

Hi everyone, first time poster here. Just a couple if queries that I couldnt see answered on the forum already.

 

I bought a car by private sale recently in England but am resident in Scotland.

 

 

I did a HPI check via AA and it was clear but a number of things give me the nagging feeling something is up.

 

 

I just wondered if anyone knows how likely it is that a log book loan would not come up on an HPI check?

 

 

How easy is it to enforce a repossession given that the vehicle is now registered on Scottish soil

and the BOS isn't part of Scottish law?

 

 

If the HPI check fails to show something does that give me any redress under the code of conduct

 

 

or is there another data base that the LBL company could have used to get around that?

[dx100uk]

AFAIK still applies sadly

matters not where you are

 

 

dx

[motorwoden]

AFAIK still applies sadly

matters not where you are

 

 

dx

 

Thanks for the reply. If it is on private land will they need a court order however, is that correct? I had thought it would need to be the Scottish Courts that would need to grant it.

 

Out of interest, do you still see many improperly registered or void BOS now or have the firms now become wise to those issues?

 

How about the HPI check - does that give a valid cause for complaint to FCA regarding the code of conduct? Is a threat to complain to FCA likely to carry much weight?

[dx100uk]

I think you need to name names and tell us the full story.

[motorwoden]

There is not much of a story to tell yet.

 

 

I realise though I have been very naive, if not outright stupid.

 

 

I bought a van advertised on ebay.

Went down to Huddersfield to pay for and collect it.

 

 

The AA check was clear for finance and being stolen etc.

The log book was present but (and here is where I was really stupid)

the address on the logbook wasn't that which I bought the van from.

 

 

The vendor said he would buy and sell things he saw that he thought he could make a little money on.

 

 

He showed me another advertisement for the van where he had bought it, at somewhat less than I was buying.

I didn't mind that as it was a reasonable price (not stupidly cheap mind) and he stood to make a few hundred out of it .

He had sent the yellow dealer slip off because he didn't want to have an extra name on the log book unnecessarily.

 

 

He had had it serviced.

He had all the service records,

two fob keys and two other keys,

all the history and receipts - it seemed unlikely to be stolen

and as I said the HPI AA check was clear.

 

 

I had never heard of log book loans at that point - I came across them only this week.

 

 

I then looked at the AA check and saw that although the previous keeper had been registered in March 2011

the logbook itself was issued on June 2014.

 

 

That's when I figured I have probably been had and I can see what coming- but I don't know yet.

 

 

I am still waiting for the log book to be returned

I spoke to DVLA and they said there is no problem and it will come through

- a second AA check showed the new keeper being registered on the date I bought the vehicle

so I am pretty sure the vendor sent the form iff.

 

Only two things I can see maybe in my favour are that that the HPI check was clear.

(As I say I did another one last week and it is still clear),

 

 

I live in Scotland where the BOS law is not recognised in the same way (as far as I am aware).

 

 

I don't know if an English high court repossession order could be enforced in Scotland,

and I wonder given that I bought in good faith and that its seems that the loan company probably didn't register with HPI

(and follow the code of practice) if a Scottish court may choose not grant one at all.

 

That sums it up really.

 

 

Anyone any experience with Scottish repossession orders under English law?

 

 

I'm sure it will not be quite so straight forward at the least.

[dx100uk]

do you def know there is a LBL against it?

[motorwoden]

No, and I don't know how I can find out until someone arrives at my door with the BOS in their hand.

[dx100uk]

IMHO you are worry about nothing

 

 

you've done an HPI check

 

 

that should show it.

 

 

dx

[motorwoden]

Thanks, I really hope you're right. Unfortunately the HPI guarantee is invalid because the vendors address was not the same as that on the logbook.

 

I feel a lot better about now anyway. You don't think I could or should take any further action at all?

 

I have put the vehicle on private property away from my residence for the time being just in case as I don't need it at the moment anyway - is that a sensible precaution>

[theoldrouge]

No, and I don't know how I can find out until someone arrives at my door with the BOS in their hand.

 

check by registration number

 

how to check:

.

email:QBEnforcement@hmcts .gsi.g ov.uk.[no spaces]

.

ring:020 7947 7772

.

write:

QB Enforcement Section,

Room E15-E17,

Royal Courts of Justice,

Strand, London, WC2A

...

.

ideally you need the BOS number

.

however

they can search by the Reg Number